Loading...
HomeMy WebLinkAboutmin of conservation com 04/25/2005 ,.-.. t.: P \ t >,.. '.' 'f l':. Conservation Commission Meeting April 25, 2005 F fCE '( ! 7 pn 2: 1.;/1 Present: Paul Boyden, Chair; Carole Matthew; Christine Weaver~ ,C,o!it;t .,' I D Cauldwell; Jerry St. Hilaire; Jack Smith; Michele Grenier, co~&i.OO!~TTS Environmental Planner. Colin opened the meeting at 7:07. Michele had asked the homeowner, Raymond Hartnett to come to the meeting to discuss the possible violation. There is extensive cutting and clearing within 100 ft. of a possible wetland. The whole backyard has been cleared. Mr. Hartnett wants to build a 30x70 ft. building on his property. The Building Department had given permission to start the project. ,.-.. Michele would like Mr. Hartnett to hire a botanist or wetland scientist to determine where the wetland line is. She also told him he would have to file an "after the fact" Notice of Intent and will have to notify abutters within 100 ft. of the property line by certified mail. Michele also suggested that the garage might have to be moved forward. Mr. Hartnett will hire the botanist and will bring the report to Conservation and then file the Notice of Intent. Ralph Maloon, RIM Engineering, was present. The proposed project is the construction of a subdivision road and associated utilities. This hearing was continued from 3/28/2005. Conservation had requested a construction schedule. The Planning Board had requested a construction schedule concerning the removal of trash from the site. Mr. Maloon has combined the two schedules on one plan. It was also requested that fencing be used to mark the "no activity" zon~. Any trash removal within 30 ft. of the wetland will be done by hand. Any bare r- spots resulting from the clean up will need to be fixed. The areas will be loamed ,.-.. and seeded with a wetland mix and indigenous species of shrubs will be planted. The trash will be removed before the construction of the road. Siltation control has been put in an area that will support the construction of the leach field and the construction of the house. So it will not have to be done twice. In regards to Lot 4, Mr. Maloon will need to come back before the Commission. Lot 5 probably won't need Conservation approval because Ralph feels he can stay 100 ft. from the wetlands. Christine would like to see signage every 50 ft. to mark the "no activity" zone. Michele wants to have hay bales in conjunction with the signs. The signage will be permanent and will be on the outer limit of work every 50 ft. along the siltation control line to the property line. Hay bales will be added. Temporary signage for the debris field will be put in place until the area is established. ,.-.. The signs should read 'Wetland Area-No Disturb Area". Christine made the motion to accept the plan of April 21, 2005 with the revisions noted. Jerry seconded. Passed (5-0) Paul took over the meeting. The Applicant has requested a continuance to May 9, 2005. With the Commission's approval, Mason and Associates will be hired as the consultant for the town for this project. Carole wants to be sure a Wildlife Evaluation is included. Michele visited the site and feels there is a vernal pool on the property near School Street facing Rt. 140. She feels this needs to be investigated. Christine made the motion to accept the contract with Mason and Associates, amended to include a Wildlife Evaluation, investigation of the vernal pool and with the stipulation that the Town Manager will co-sign the contract. ,.-.. ,,- The Applicant has requested a continuance until May 23, 2005. No new information has been submitted. Karen and Charles Chambers- Hughes and Charles Hayes were present. An Order of Conditions had been issued. #19 of the order stated that no further access to the property from town owned property to the east without notifying the Conservation Agent. They would like to access the property thru Dario Way to get to the rear of the property to complete the clearing for the construction of the house. All trees are down. The stumps, root balls and the mulch created from the cutting still needs to be removed. Condition # 20 required the applicant to stabilize the disturbed area with loam and seed. They will fill in the disturbed area. ,.-.. Mr. Hayes had asked Michele to walk the site today. Hay bales are in place and secure. The Town Manager gave permission to use Dario Way to bring in the machinery required to get the debris out and to bring in loam and seed to stabilize the area. When all of this work is done, they will no longer use this entrance. When construction begins for the house, the Plain Street entrance will be used. Paul told the applicants that they will need an "as built" and a Certificate of Compliance when the project if complete. Karen Chambers-Hughes told the Commission that they have moved the house 30 ft. and it is now 130 ft. from the wetland. Colin made the motion to allow the project to proceed with the conditions noted in the Order of Conditions. Seconded. Passed (6-0). ,,- The Applicants will call Michele 24 hours before the work begins. There are concrete barriers in place and Mark Cook will have to be called to remove the barriers. When the work is completed, he will replace the barriers. ,,- Ralph Maloon, RIM Engineering, representing Owen and Darlene O'Neill. Michele asked Mr. And Mrs. O'Neill to come before the Commission because a garage had been built within 100 ft. of the Rumford River. Michele asked that they file an "after the fact" Notice of Intent. The house was built in 1985 prior to the Riverfront Act of 1997. The O'Neills bought the house in 2001. There is an existing shed on the property. No permit was applied for concerning the proposed garage and deck. The garage was completed in Nov. 2004. The deck will be built later but will be expanded by 3 ft. Colin would like gutters and a drywell installed for surface water from the garage to prevent untreated water from going into the river. There are gutters already installed on the garage and the applicant agreed to install the drywell. Michele would like to limit work to 50 ft. from the bank of the river. ,.-.. The Commission would like the O'Neills to file an "after the fact" Notice of Intent. The proposed deck will be included. Wetland Violation-370 Gilbert Street-Norman and Patricia DePoutot are in the process of buying the house on Gilbert Street and wanted to have Michele to look at the property to see if an in-ground pool could be installed. The pool will be built where an existing above ground pool is and will be located within 100 ft. of the buffer zone. While Michele was on the property, she noticed that someone had been dumping debris and large limbs within 100 ft. of bvw and a stream channel. Besides the brush and trees there are appliances, etc. She wrote a letter to the present owners to inform them of this violation. Monday Michele received a call from the real estate agent representing the owners. He told Michele the wetlands have been used as a dumping site for years. He will come to the May 9th meeting to discuss the clean up. ,,- Wetland Violation-101 Spring Street-Carl Nelson-dumping of debris (tree limbs and brush) within the wetlands and blocking a stream. .- Jack and Michele will walk the property. A letter will be sent to Mr. Nelson, requiring him to come to the May 9th meeting. Order of Conditions for Bay Brook Village-#211-679-Michele received a letter from David Oberlander of BOO Engineering on April 19th concerning the Order of Conditions for Jake's Way. The purpose of the letter was to clarify Special Condition #6 in the Order of Conditions that called for conservation restrictions to be placed on lots 7, 9 and 11. The purpose of the restriction was to prohibit tree removal (except for dead or diseased trees) within 50 ft. of the isolated wetland areas shown on lot 19. The Order of Conditions required the developer to submit the proposed restriction to the Commission for approval. Signs were to be placed along the 50 ft. buffer at the rear of lots 7, 9 and 11 stating 'Wetland Area-No Dumping" The developer never submitted or recorded the proposed wetlands restriction for these lots and lots 7 and 9 were sold without the restrictions. Paul feels the deed needs to be refilled with the restriction added. The Order of Conditions is opened and no Certificate of Compliance was ever ,.-.. issued. Michele will write letters to the homeowners explaining the Special Conditions. Carole feels because he violated the Order of Conditions he should be fined and that he should have to pay for the restrictions for the homeowners. Paul wants Bob Mangiaratti called to discuss the amount of the fine. Michele will draft a letter and will e-mail the Commission members for approval-1 0 business days to correct the problem and fine them after. 19 Paula Lane-The homeowner would like to build a shed and contacted Michele to see if there were any restrictions. There is a large pond on the property and an existing rock foundation about 35 ft. from the pond. They would like to put the new shed close to the existing foundation. The area between the pond and the proposed shed is all pine trees and upland vegetation. This area will be undisturbed. Work will not require a Notice of Intent. ,.-.. . -- Michele wants an RDA filed. She would like to restrict what can be stored in the shed, such as chemicals, gas etc. Carole would like to invite the Zoning Board and Building Department to the By- Law meeting on Monday 2,2005 at 6:30. Michele will write a letter to each department. The Commission would like to get the By-Laws on the web site. Colin made the motion to accept the minutes of March 28th and April 11 th. Jerry seconded. Passed-March 2Sth-(6-0) and April 11th-(5-1-Christine abstained). Motion: May 9, 2005 at 7:00 p.m. q/f}Pjd~ Date ,,- r